Pennsylvania DUI Defense: Constitutional Rights of the Accused

Arrested for DUI in Pennsylvania? You may have defenses based on the United States Constitution.  For instance, evidence of a driver’s blood alcohol content (BAC) is usually central to the prosecution’s case. As an attorney who defends clients charged with DUI, one of the first questions I investigate is whether or not police obtained that blood evidence as the result of  an illegal detention or arrest.

An unlawful detention may be one based on a state trooper’s or police officer’s “hunch” about a suspicious vehicle. If a police officer wants to perform a traffic stop, a hunch is not a valid reason. At the very least, the officer must have a reasonable suspicion that a driver is operating his vehicle in violation the motor vehicle code. He or she must be able to say and describe what prompted the stop. If not, the stop may have been unlawful and may lead to suppression of the evidence obtained as a result of that illegal stop.

+++++++++++

If you have been charged with DUI in the  Cumberland, Perry, Dauphin, Juniata, or other counties in central Pennsylvania, I invite you to contact my office at 717-582-0400 to arrange a free consultation with me. At the consultation I will assess your case and attempt to answer your questions.

Sean Potter
Law Office of Sean Potter, PC
15 East Main Street
P.O. Box 121
New Bloomfield, PA 17068
Phone: 717.582.0400
Fax:      717.582.0401
www.attorneypotter.com

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s